What to do when the original estate administrator dies before probate is finished (Louisiana)

Short answer: Notify the succession court, secure estate assets, and ask the court to appoint a successor administrator (or executor) so administration can continue. In Louisiana the court will generally appoint another suitable person—often a beneficiary, heir, or an interested creditor—after proper petitioning and paperwork. This article explains the typical steps, what paperwork you’ll need, and practical tips to keep the estate administration on track.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. If you need legal advice about a specific estate, contact a Louisiana attorney licensed to practice in successions and probate.

Detailed answer — steps to take under Louisiana law

1. Confirm and document the administrator’s death

Obtain an official death certificate and any testamentary documents (the will, if the deceased administrator was also an executor named in a will). Provide copies to the succession court where the estate is pending. The court record should be updated to reflect the administrator’s death.

2. Ask the court to suspend or continue certain interim actions if necessary

If there are urgent matters (perishable assets, pending sales, foreclosure deadlines, or critical bill payments), file a short motion asking the judge to allow a temporary administrator (sometimes called an administrator ad hoc or provisional administrator) or to authorize specific acts to preserve estate property until a successor is appointed.

3. Petition the court to appoint a successor administrator or executor

The primary formal step is filing a petition (or motion) with the succession court asking the judge to appoint a successor administrator to complete the administration. If the deceased administrator was an executor named in a will, the will may name an alternate executor; present the will and any testamentary nominations to the court. If there is no nominated successor, interested persons (heirs, legatees, or creditors) may petition to be appointed.

The petition typically includes:

• Certified death certificate.
• Case number and succession docket information.
• Statement of why a successor is needed.
• Identification of the proposed successor and their relationship to the decedent/estate.
• A proposed order (and, if required, proposed bond) for court signature.

4. Bond and court supervision

In many Louisiana successions, the court will require the successor administrator to post a bond unless the will waives bond or all interested parties consent otherwise. The court may also require inventories, appraisals, and periodic accountings from the successor administrator.

5. Inventory, accounting, and continuation of administration

The successor administrator will generally pick up where the prior administrator left off: file or supplement the inventory, provide an accounting of what was done, notify creditors, pay legitimate claims and expenses, and distribute assets under the will or Louisiana succession law. If the prior administrator started but did not file an inventory or accounting, the successor will need to do so.

6. Notify heirs, legatees, and creditors

Make sure all statutory notices required by Louisiana law are re-issued or continued under the successor’s authority—this includes notice to heirs, potential creditors, and known legatees. Acting quickly helps preserve estate rights and limits exposure to claims.

7. Closing the succession

When all claims are resolved and assets are ready to be distributed, the successor files a final account and a petition for homologation or for distribution and asks the court to decree distribution and discharge the administrator. The court will close the succession once it approves the final account and distribution.

How Louisiana law treats successor appointment (overview)

Under Louisiana succession practice, courts supervise administration of estates and have authority to appoint administrators/executors, require bonds, and mandate inventories and accountings. If an appointed administrator dies, the court has the power to appoint a new administrator so the succession can be completed. For general reference to Louisiana statutes and rules governing successions, see the Louisiana Legislature’s legal materials and code resources: https://www.legis.la.gov/Legis/LawSearch.aspx (search for “succession”, “administrator”, or “executor”).

Common scenarios and what typically happens

Administrator named by the court (intestate succession)

If the person serving was a court-appointed administrator for an intestate succession and died, the court will appoint a replacement—often a close heir or another interested person who petitions for appointment. The replacement will be required to qualify (bond, oath) like the original administrator.

Executor named in a will (testate succession)

If the deceased administrator was an executor nominated in the will, check the will for an alternate executor. If one exists and is willing to serve, the court typically appoints that person. If there is no alternate, interested parties may request appointment of a suitable person.

Small successions or summary procedures

Some small or summary successions can be completed under simplified rules. If the prior administrator’s death occurs mid-process in a small succession, the court may allow a streamlined appointment or even permit transfer of property under the summary procedures—this depends on the estate facts and court discretion.

Practical documents you will likely need to file

• Certified death certificate of the deceased administrator
• Filed will (if applicable) and any codicils
• Petition or motion to appoint successor administrator (with caption referring to the pending succession)
• Affidavit of interested parties or consents (if available)
• Proposed order appointing successor and authorizing bond (if required)
• Bond or waiver of bond (if applicable)
• Updated inventory and accounting paperwork

When you should get an attorney

Hire a Louisiana succession attorney if any of the following apply:

• There is disagreement among heirs or beneficiaries about who should be appointed.
• The estate includes complex assets (real estate in multiple parishes, businesses, or contested property ownership).
• Creditors are threatening litigation or there are potential claims against the deceased administrator for mismanagement.
• You need help preparing formal petitions, inventories, or accountings for the court.

An attorney can prepare petitions, represent you at hearings, advise on bond and notice requirements, and reduce the risk of delays or disputes.

Helpful hints

• Act quickly: secure assets (lock up property, change alarm codes, protect bank accounts) and obtain the death certificate.
• Locate the succession docket number or file stamp to reference the pending case in motions and filings.
• Keep good records of everything the prior administrator did (bank statements, receipts, inventories, correspondence with creditors) — the successor will need these.
• Ask the court clerk which local forms or requirements your parish requires for petitions to appoint a successor administrator.
• Get written consents from heirs or legatees when possible; unanimous consent may allow the court to waive bond or speed appointment.
• If the estate is small, ask the court about summary succession procedures that may speed administration.
• Preserve potential evidence if you suspect mismanagement—don’t destroy or alter records.

Where to look for official Louisiana rules and forms

Louisiana Legislature law search: https://www.legis.la.gov/Legis/LawSearch.aspx — use this to find statutes and code provisions on successions, administration, and executors in the Louisiana Civil Code and Code of Civil Procedure.

Parish succession rules and clerk’s office: contact the succession clerk of the court where the estate is pending for local practice, required filings, and fee schedules.

Final takeaway

When an original administrator dies before completing a Louisiana succession, the immediate priorities are to document the death, protect estate property, and petition the court for appointment of a successor administrator (or rely on a named alternate executor in a will). Acting quickly and filing the correct documents keeps the estate moving and reduces the chance of disputes or loss of assets. If the case is contested or complex, consult a Louisiana succession attorney promptly.